Gulshan Baghel v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6551 of 2020 Gulshan Baghel S/o Ramesh Baghel, aged about 28 years, R/o - Ekta Parishar, Deepak Nagar, Police Station- Mohan Nagar, District- Durg ---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate, Durg and also through Police Station - Purani Bhilai, Durg, District- Durg (CG) ---- Respondent For Applicant :

Shri P.K. Patel, Advocate For State :

Shri Samir Uraon, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09/11/2020 Heard.

1. The applicant is arrested in connection with Crime No.255/2020 registered in Police Station -Purani Bhilai, Durg, District -Durg (CG) for alleged commission of offence under Section 420 IPC.

2. Case of the prosecution, in brief, is that the applicant induced the complainant to pay Rs.50,000/- in the name of providing employment and cheated him.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated. He has not collected any such money. Learned counsel further submits that investigation is complete, charge sheet has been filed and the applicant is in jail since 5.9.2020, therefore, he may be granted bail.

4. On the other hand, learned counsel for the State opposed the bail application by submitting that in view of case diary statement of complainant and other

-2witnesses, a prima facie case of collecting Rs.50,000/- in the name of providing employment is made out against the applicant.

5. Taking into consideration the submissions made by learned counsel for the parties, particularly taking into consideration the nature of allegation, the amount involved and further taking into consideration that the investigation is complete and charge sheet has been filed and that the applicant is in jail since 5.9.2020, I am inclined to allow the application.

6. The application is accordingly allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:- (i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/---/-/------ (Manindra Mohan Shrivastava) Judge Praveen